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🗓️ 30 March 2023
⏱️ 45 minutes
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0:00.0 | The first step for preventing judges imposing their own viewpoints is that they realize that they have them. I'm going to be. Welcome back to Europa Felix. |
0:44.0 | I'm Felix Ronkus Ahebeke. |
0:45.7 | My guest in this episode is Law Professor and Advocate General at the Court of Justice Tamara Chappata. |
0:51.9 | Our main topic of conversation is legal realism, a topic on which she has written |
0:57.1 | several academic articles. It's tempting to misconstrue legal realism as a cynical, |
1:03.5 | anything-goes approach to the law. But in Chappata's writings and in this interview, |
1:08.3 | legal realism emerges as a form of judicial modesty. |
1:12.5 | She argues that the idea that legal questions have a single, correct answer is basically |
1:18.2 | a myth, and that courts would gain credibility if judges acknowledged more openly that their |
1:24.5 | legal decisions are choices instead of objective truths. |
1:28.9 | I ask her what is like to be Advocate General and if it has changed her perspective on judicial |
1:33.1 | decision-making. We talk about legal reasoning and objectivity. We discuss if artificial intelligence |
1:39.2 | can replace judges. We talk about transparency, about whether the Court of Justice should allow dissenting |
1:45.3 | opinions, and about imagining different realities in law and in science fiction. |
1:52.2 | Here is Tamara Chappata. |
1:56.9 | Tamara, welcome to the show. |
1:59.2 | Thank you for inviting me. |
2:00.9 | You are the first Croatian advocate general at the Court of Justice, and you also have a long academic career. |
2:07.8 | How big is the step from being an academic to being an advocate general? |
2:12.8 | I have to start with saying that before becoming an advocate general, I thought that this is just |
2:19.2 | going to be more or less the same. So I come to the court, okay, I will have to be writing |
2:24.4 | from within one particular case, but my job will be I have to read everything written about |
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